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38. Non-Solicitation

95 DOS 92 Matter of DOS v. Laffey - mistake as to location where Penny Saver with advertisement was distributed - any violation is "serious" - here occurred due to negligence - $150 fine or 1-month suspension

72 DOS 92 Matter of DOS v. Crisafi - direct mail advertising to residence; reprimand of fledgling sales associate; $300 fine or 3-month suspension of other sales associate

93 DOS 92 Matter of DOS v. Evans - door hanger notice of "open house" in n/s/o/ area, offering to answer questions about real estate; reprimand

18 DOS 93 DOS v. Kantor - posting of "sold" sign added to "for sale" signs violates n/s/o

64 DOS 93 Matter of Laffey - distribution of Penny Saver violates non-solicitation order; advertisements did not contain language limiting the areas in which free appraisals were offered; negligence is incompetency, not untrustworthiness; representative broker fails to supervise; pleading amended to conform to proof; each advertisement constitutes a separate and distinct violation

109 DOS 93 Matter of DOS v. Kiernan - pennysaver ad offering free appraisal violates non-solicitation order; $300 fine or 1-month suspension

114 DOS 93 Matter of DOS v. Cafarella - pennysaver ad (delivered to DOS officer Joe Amello) and card offering free "market analysis" violated non-solicitation order $600 fine or 1-month suspension

CRC #409 Matter of DOS v. Heinemann, Consent Order - advertising of "free appraisals" in "The Real Estate Book" which was expected to be distributed in a non-solicitation area, violates non-solicitation order; $3,000 fine

138 DOS 93 Matter of DOS v. 7119 Real Estate - non-solicitation order violated by free "Harmon Homes" publication; DOS fails to prove "take the oriental express" was violation of 175.17(a) blockbusting or an expression of an ethnic limitation; failure to supervise by representative broker; corporate licensee vicariously liable for acts of representative broker

1438 DOS 07 Matter of Assaf- cease and desist as to person regularly engaged in trade of buying and selling real estate; prior violation of cease order with $150 fine; inadequate procedures; $500 fine

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Third quarter Legal Lines now available

The third quarter 2018 edition of NYSAR’s Legal Lines is now available online at NYSAR.com. This edition covers what a broker's agent actually is, the legal issues related to social media use, conditional approval for financing is not a mortgage commitment and more. Learn more

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